California Appellate Tracker

Sierra Palms Homeowners Assn. v. Metro Gold Line Foothill Extension Construction Authority

February 2, 2018

Homeowners associations may sue a public entity in inverse condemnation for damage caused to common areas.

Civil Code section 5980 (which is a successor to former Code of Civil Procedure section 383) grants homeowners associations standing to sue, in their own name and without joining their member-owners, for property damage to common areas or to a qualifying “separate interest” the association is obliged to maintain or repair. This decision holds that the section permits a homeowners association to sue a public entity in inverse condemnation for damage the public entity’s actions have caused to the common areas.

California Court of Appeal, Second District, Division Seven (Perluss, J.); January 29, 2018; 2018 WL 580250.

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Sierra Palms Homeowners Assn. v. Metro Gold Line Foothill Extension Construction Authority

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